Electronic Communication Contract

Electronic Communication Contract

Purpose and scopeARTICLE 1-(1) The purpose of this contract is to regulate the rules and procedures regarding the obligation to give information on the commercial communication performed via electronic communication tools, and the issues that must be followed in the commercial electronic mails. (2) This contract covers Günsan’s responsibilities, informing liabilities regarding the e-commerce conducted via electronic communication tools, and the sanctions to be placed.

TermsARTICLE 2-(1) In the administration of this contract; a) E-commerce: All kinds of online financial and commercial activities performed in electronic media without meeting physically,b) Commercial Communication: All kinds of communication in the scope of e-commerce carried out for gaining income as part of occupational or commercial activities, apart from domain names and e–mail addresses,c) Commercial e-mails: The mails including data, voice, document and visual contents sent for commercial purposes and performed in the electronic media by using various kinds of devices, such as computers, telephone, fax, auto dial machines, smart audio recording systems e-mails, call center and text message that allow for sending, receiving and storing the mails through internet and other communication networks.d) Günsan: The firm that performs electronic commerce.

Obligation to give informationARTICLE 3-(1) Prior to communicating via electronic communication tools, Günsan provides with;a) The actual introductory information for user's attention with an easy access,b) Information on technical steps to be followed for ensuring contact,c) Information about whether the contract shall be stored by Günsan after agreement, the buyer shall have access to it afterwards, and the duration of the access to the contract,d) Information on technical tools regarding the determination and correction of the data entry errors clearly,e) Information about the confidentiality rules and if any, alternative mechanisms of settling disputes.(2) Günsal shall perform mailings in compliance with the laws.(3) Provided that the parties are not consumers, the contrary of the regulations in Articles 1 and 2 may be determined.(4) Günsan allows for the buyer to store the contract terms, and the conditions of general operation.(5) Article 1 and 2 shall not apply to the agreements made via e-mails exclusively or similar personal communication tools.

Purchase OrdersARTICLE 4-(1) The rules below apply for the purchase orders requested via electronic communication tools:a) During the approval step of the purchase order and prior to entering the payment information, Günsan ensures that the contract terms are clearly displayed by the buyer, including the total sum to be paid.b) Günsan confirms via e-communication tools as soon as the purchase order is received.c) The confirmation of the purchase and acceptance of the order are deemed valid when the parties access the said statements.(2) Prior to the purchase order, Günsan provides the buyer with compatible, effective and accessible technical tools to ensure the buyer identifies and corrects input errors.(3) Provided that the parties are not consumers, the contrary of the regulations in Articles 1 and 2 may be determined. (4) Article 1 and clauses (a) and (b) of Article 1 shall not apply to the agreements made via e-mails exclusively or similar personal communication tools.

Procedures related to commercial communicationARTICLE 5-(1) In commercial communication, a) The information that declares the commercial communication and reveals the natural and legal person of which this communication is made on behalf must be clear and legible. b) The promotional activities like discounts and gifts, and this property of those competition or games held for promotional purposes shall be determined clearly; the conditions of accession and taking advantage of them shall be easily accessible; and the terms shall be clear and understandable to avoid any suspicion.

The terms for sending commercial e-mailsARTICLE 6-(1) Commercial electronic mails may be sent to the buyers with their prior consents and approvals only. This approval may be obtained in written or all kinds of electronic communication tools. In case of the buyer gives their contact details for communication, no additional approval is obtained for commercial e-mails regarding any amendment, use and maintenance of supplied goods or services.(2) Commercial e-mails may be sent to tradesmen and merchants without prior consent.

The content of commercial e-mailARTICLE 7-(1) The content of the commercial e-mail shall comply with the approval obtained from the buyer. (2) The mail shall contain the information that reveals the sender’s identity and, as well as the accessible contact details, such as telephone number, fax number, text message number and e-mail address, depending on the type of communication. (3) Depending on the type of communication, the mail includes the subject and purpose, the information of the person whose behalf the communication is provided in case of sending on someone else’s behalf.

The rejection of a mail by the receiverARTICLE 8-(1) The receivers may reject receiving commercial e-mails any time without any justification.(2) Günsan is liable to include the notice of rejection as well as the required information thereof in the mail via e-communication tools and free of charge.(3) Günsan shall stop sending e-mails to the receiver within 3 working days following the request.

Personal data protectionARTICLE 9-(1) Günsan; (a) is responsible for the protection and safety of the personal data obtained from the activities performed in the scope of this contract.(b) Shall not share the personal data with third parties without the consent of the person in question, and shall not use for any other purposes.

Ministerial powerARTICLE 10-(1) The Ministry is authorized for taking any measure and performing audits regarding the application of this law and the development of e-commerce.(2) The auditors charged by the Ministry, in the scope of this law, are authorized to request any information, documents and books related to the issues under Ministry’s authorization, inspect them and take copies, ask information verbally or in written from the people in charge; and these people in charge are liable to provide the required information, documents, books and the electronic archives and copies thereof completely and faultlessly, and satisfy the demands of information verbally and in written and offer all kind of assistance and convenience.

Penal provisions at lawARTICLE 11-(1) Administrative fine may apply to; (a) The firms that act contrary to the obligations stated in Article 3, obligations stated in Clause (a) of the first paragraph of Article 4, the first paragraph of Article 6 or the first paragraph of Article 7 with a fine between 1,000 and 5,000 TL,(b) The firms that act contrary to the obligations stated in Clause (b) of the first paragraph of Article 4 or in the second paragraph of the same article as well as the obligations stated in Clause (a) of the first paragraph of Article 5, or the obligations in the second and third paragraph of Article 7 with a fine between 1,000 TL and 10,000 TL,(c) The firms that act contrary to the obligations stated in clause (b) of the first paragraph of Article 5, the obligations stated in the second and third paragraphs of Article 8 with a fine between ... TL and 10,000 TL(d) The firms that act contrary to the obligations stated in the second paragraph of Article 11 with a fine between 2,000 TL and 5,000 TL.

idarî para cezası verilir.(2) In case of sending mails to more than one person at one time on the contrary of the first paragraph of Article 6, the fine stated in Clause (a) of the first paragraph shall be applied by increasing up to 10 times.(3) The Ministry is authorized to fine as stated in this article. This authorization may be transferred to the relevant general directorate of the Ministry in cities, and to the provincial directorate of the Ministry in provinces.

ENFORCEMENT

The enforcement law of this contract shall be executed in line with the Law dated 23/10/2014 and numbered 6463 regarding The Regulating Electronic Commerce, and the Provisions of the Regulations dated 15/07/2015 and numbered 29417 Regarding Commercial Communication and Commercial Electronic Mails prepared based on this law.